In Re: Amendment to Florida Rule of Civil Procedure 1.280

• Court: Supreme Court of Florida
• Decided: February 8, 2024
• Docket: SC2021-0929
• Status: Published

Opinion

Supreme Court of Florida THURSDAY, FEBRUARY 8, 2024

In Re: Amendment to Florida SC2021-0929 Rule of Civil Procedure 1.280

The Attorney General’s motion for rehearing is hereby denied.

MUÑIZ, C.J., and CANADY, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur. LABARGA, J., specially concurs with an opinion.

LABARGA, J., specially concurring.

Because the existing Florida Rules of Civil Procedure were

sufficient to address abusive discovery tactics, I dissented to the

adoption of new rule 1.280(h), which extended the apex doctrine to

the private sector. In re Amend. to Fla. Rule of Civ. Proc. 1.280, 324

So. 3d 459, 464-67 (Fla. 2021) (Labarga, J., dissenting).

While I adhere to my dissent in that case as well as my dissent

to this Court’s order allowing the new rule to remain as originally

adopted, I agree that the standard for rehearing has not been met in

this matter. Thus, I concur in the denial of rehearing. CASE NO.: SC2021-0929 Page Two

A True Copy Test:

SC2021-0929 02/08/2024

SO

Served: JOSHUA E. DOYLE HEATHER S. TELFER JENNIFER MARIE VOSS CHRISTOPHER J. BAUM JUDSON LEE COHEN WILLIAM W. LARGE HON. ASHLEY MOODY FRANK CRUZ-ALVAREZ ROBERT L. CHRISTIE HENRY C. WHITAKER KANSAS R. GOODEN DANIEL B. ROGERS DANIEL W. BELL CHRISTOPHER G. BURNS JOHN W. HOGAN